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NEW COUNTY COURTS ACT.
Correspondence:- Approaching Close of the Session and Dissolution of Parliament, tion your correspondent contends for would instant, an article in which a complaint is made make the Registry Act itself a dead letter. of the judge of the new County Court at Sheffield,
J. W. D. permitting unqualified persons, calling them
selves agents and collectors, to appear for suitors in that court. I can assure you, that
such practice is not confined to the court at SIR,-- In confirmation of the doubts expres- Sheffield, but that in several of the Metropolised by you as to the working of the New tan County Courts the practice is permitted to County Courts Act, and more especially as to that portion hich takes from the plaintiff Clerkenwell, where any person stating himself
a great extent, and particularly in the court at and his attorney the service of the original to be an agent may appear: this I am prepared summons, whilst it subjects him to material to prove to you, and enclose my card as a prejudice if a personal service be not effected, guarantee of iny assertion. (which is neither compulsory nor advantageous to the bailiff of the court.) I desire to state an have since, in conjunction with many others of
I once undertook a case in that court, but instance that has occurred to me in one of the
my professional brethren, come to the determimetropolitan courts. At my own suit I brought an action for a of the advocates are occupied by a motley group
nation not to attend any court where the seats bill of costs against a person who might easily of agents, debt collectors, hedge-lawyers, and have been served with the summons, and, to prevent misadventure in the service, I sent a the respectable portion of the profession must,
pot-house pleaders,-a determination which all clerk twice to the bailiff with particular instruc- in duty to their position, come to. tions how he might easily meet with the defendarit . Instead of taking the slightest trouble which the law is now subjected to, tends greatly
I can only add, that the continual innovation about the matter, the bailiff merely knocked at to deprive it of that honourable character which the defendant's door, and not finding him at it ought to maintain, and I can only wonder at home, at once, without further endeavour, put the supineness of the profession in submitting a copy of the summons into a servant's hand. so quietly to to the continued impositions The defendant did not appear on the summons, and the result is, that I shall be driven to
C. F. C. obtain another suinmons, which must be personally served before I can get a warrant of committal.
APPROACHING CLOSE OF THE SESUpon my complaint to the judge, he merely SION AND DISSOLUTION OF PARstated, as to one part of it, that the officer was LIAMENT. not paid extra for each service, and therefore that I was in error in supposing it to his ad- Ir is confidently stated that the parliament vantage to take no trouble to effect personal will be prorogued about the 15th July, and that service. If, however, that particular officer whose duty it is to serve the summons be not a dissolution will soon follow. It cannot be benefited, the fees of the court are surely en- expected, therefore, that any important measure hanced by the number of the proceedings ne- can now be completed. cessary to be taken.
The Debtor and Creditor Bill of the Lord There was another point, however, in the case to show the injurious operation of the Chancellor lias just been printed. This and statute upon suitors and upon the profession. the Bankruptcy Bill, with that of Lord I attended with two of my clerks to prove the Brougham, are, of course, destined to stand retainer ; that the work was done ; and that the
over till another session. These are the only charges were reasonable; but the judge would allow me only 5s. for one witness, (namely, the bills affecting the profession in the Upper one who proved the delivery of the bill to the House. The House of Commons Costs Taxdefendant,) and for rayself, as a witness, and ation Bill is the most important professional for my clerk who attended to prove the work project in the Lower House. Its promoter scan done and the reasonableness of the charges, he scarcely expect to make much way with it this would allow nothing, -stating that he should have been satisfied with my producing my own
session. If it should pass the Commons, the books containing entries of the attendances, &c., Lords can scarcely approve it, for the taxation and that it was unnecessary for me to have had is limited to the House of Commons business, the second witness. A novel doctrine certainly, and the Lords would, of course, consider that one's own books are to prove the case without more!
whether, if a taxing board be necessary in one The debt being under 51., of course, I could House, there ought not to be a similar one not get costs for my attendance as an attorney. established in the Lords; but it is far too late
to prepare and pass through both Houses measures of this kind. The Bill for the better
administration of the Poor Laws is also of great Sır.—perceive in your number of the 22nd public consequence, and will probably pass.
INQUALIFIED PRACTITIONERS IN COUNTY
Candidates Passed at the Examination. - Kaster Term.
Easter Term, 1847,
Names of Candidates.
To whom Articled, Assigned, &c.
Edward Chippindall Milne, Manchester
Ralph Walters, Newcastle-upon-Tyne
Henry John Gauntlett, 16, Furniyal's Inn-John Ellis Clowes,
10, King's Bench Walk Boyle, Charles
John Clarke Chaplin, Birmingham Brown, George
Henry Ashley, 9, Shoreditch Bussell, Edward Reuben Francis Buchanan Hoare, 66, St. James Street, Westminster Campbell, James
John Edward Elworthy, late of Devonport, now of Plymouth
Nicholas Were, Plymouth
Peter Eaton Coates, Stanton Court
son, 61, Lincoln's Inn Fields Cooper, John
Samuel Cooper, Henley-upon-l'hames Cutler, John Walford
Thomas Slaney, Birmingham Darnton, Henry Thomas Alfred Higginbottom, Ashton-under-Lyne - Joseph Higgin
bottom, Ashton-under-Lyne Dodd, Edward
Thomas Morris, Warwick Duncan, William Henry Egelstone
Frederic Ouvry, 13, Tokenhouse Yard Edwards, George Halliley George Edwards, Halifax-Samuel Moores, 25, Throgmorton
Street Evans, William
John Fitchett Marsh, Warrington Fenwick, John Clerevaulx John Fenwick, Newcastle-upon-Tyne Hugh Shield, 26,
Queen Street, Cheapside
Samuel Lepard, 9, Cloak Lane
Robert Gray, 7, New Inn
James Wallace Richard Hall, Ross-George Cooke, Bristol ;
-William Wyke Smith, 16, Southampton Street, Blooms
bury Hare, Evan
Evan Morris, 2, Harcourt Buildings, Temple Hawkins, Rich. Berens Bradford
Thomas Baverstock Merriman, Marlborough Hemmant, John
John Peed, Whittlesey Hill, Thomas Ames
Henry Adolphus Septimus Payne, Axbridge Hore, Edward Madge
James Hore, 6, Lincoln's Inn Fields-Charles Frederick Hore,
6, Lincoln's Inn Fields Jackson, Howard Wm. Mansfield
Anthony Sheppey Greene, Lewes Jarratt, William Otley Edmund Dade Conyers, Great Driffield Jeffreys, Charles
Isaac Gilbertson, Bala-Samuel Edwardes, Denbigh Joachim, Bristow
Edmund Norton, Lowestoft Jones, John Henry
Charles Henry Smith, 13, Duke Street, Manchester Square Jull, George Montagu
Francis Smedley, 40, Jermyn Street
Charles Arthur Latcham, Bristol
Philip Longmore, Hertford
Jonathan Nickson, Wem-Samuel Walmsley, Wem Lumb, James
William Lumb, jun., Whitehaven Marsden, Joseph Daniel George Ledger Shaw, late of Friday Street, Cheapside
Frederick John Reed, Friday Street Medland, William, jun. . Longmore and Sworder, Hertford-Thompson and Debenham,
Salters' Hill Morris, George, jun.
Charles Bowen Teece, Shrewsbury Moss, John Thomas
William Henry Rosser, 2, Dyers' Buildings, Holborn
Candidates Passed at the Examination--Easter Term.-Analytical Digest,
John Howard Williams, 16, Bedford Row Mullings, Thomas
Joseph Randolph Mullings, Cirencester Owen, James Charles
John Rowland, late of Wrexham-John James, Wrexham Owen, Thomas
Edward Griffith Powell, Carnarvon: Payne, John
Edwin Eddison, Leeds--George Rawson, Nottingham Phillips, William
Julius Partridge, Birmingham Poole, William Thearsley : Richard Anthony Poole, Carnarvon-William Lowe, 2, Tanfield
Court Poole, Will Tatchell Henry John Slade, Yeovil—John Sherwood, 9, King's Bench Walk Radcliffe, Reginald
George James Duncan, Liverpool Rawlins, William
James Hodgson, 5, Lincoln's Inn Fields Reynolds, Henry
Edward Bower, Birmingham. Roscoe, William
Thomas Roscoe, Nether Knutsford Rowlands, John
John Finchett Maddock, Chester. Salmon, Jolin
Thomas Carr, Newcastle-upon-Tyne-Mark Lambert Jobling,
Newcastle-upon-Tyne Sandford, William Mathews · Joseph Sandford, Winchcomb-Gregory James Sarmon Tom
kins, Cheltenham-Edward Washbourn, Gloucester Selby, Francis Thomas Ashley Maples, Spalding-William Edwards, Spalding Shaen, William
William Henry Ashurst, 137, Cheapside Shafto, John Cuthbert John Pexall Kidson, Sunderland - Juhn Kidson, Sunderland Sheppard, Francis
Alfred Goddard, 28, King Street, Cheapside Slater, William
James Saunders, Chorlton-upon-Medlock and Manchester Smith, Charles Joseph Joseph Hockley, Guildford Smith, Robert
Samuel William Haynes, Warwick Stable, William Henry Abraham Bass, Burton-upon-Trent Stevens, John Robert
Christopher Stevens, Havant-Henry Walker, 5, Southampton
Street, Bloomsbury- Thomas Newman Farquhar, Syden
ham, and 65, Moorgate Street Tarleton, Francis Willington, John Willington Tarleton, Wednesbury-Richard Henry Tarle
ton, Birmingham - Frederick William Wilson, Sheffield Tayler, Robert Wager John Sandell, 22, Bread Street, Cheapside-William Strick
land Cookson, o, New Square, Lincoln's Inn Tennant, Edmund
John Gates, Peterborough Thurgood, George Frederick · William Thurgood, Saffron Walden - William Watson Older
shaw, 7, Tokenhouse Yard Tudor, James
William Boycot, Kidderminster Turner, Alfred
William Henry Turner, 8, Mount Place, Whitechapel Road Turner, Llewelyn
Richard Anthony Poole, Carnarvon
Julius Gaborian Shepherd, Faversham
George Brumell, Morpeth
Armorer Donkin, Newcastle-upon-Tyne.
REPORTED IN ALL THE COURTS.
ANALYTICAL DIGEST OF CASES, might order the plaintiff to supply the defect
within a limited time, or in default, that the
1. After demurrer allowed.- Where the dePLEADINGS.
fendant omitted to give the plaintiff notice at [For the Decisions on the Construction of the proper time that a demurrer to the bill had Wills, see p. 56, ante ; Law of Property and been filed, and the plaintiff irregularly obtained Conveyancing, p. 74, ante; Construction of Sta- an order as of course to amend his bill, on or
before a certain day, which order he obtained tutes, p. 101, ante ; Principles of Equity, p. 127, after 12 days from the filing of the demurrer, ante.]
but within 12 days from the time he received
the notice, the Vice-Chancellor on a special ABATEMENT.
motion, (made after the expiration of the forDismissal.-A suit having become defective, mer order,) restored the bill, and gave the in consequence of the bankruptcy of a co- plaintiff leave to amend; but the Lord Chanplaintiff, the defendant moved to dismiss abso- cellor, on appeal, discharged the order. Matlute: Held, that the court on such a motion, thews v. Chichester, 5 Hare, 207.
Analytical Digest of Cases: Courts of Equity. • 2. Delay:- In general an order of course to it is not proper for the plaintiff, after filing such amend obtained at the Rolls in a cause attached supplemental bill, to issue process to compel to another branch of the court cannot be dis- the bankrupt himself to answer the original bill. charged, except for irregularity, or by the Lord It is the same when both the plaintiff and de. Chancellor. But quære, whether the order fendant become bankrupt before the defendant might not be discharged at the Rolls, upon an has answered the bill, and the supplemental application there, founded on an opinion ex- bill is filed by the assignees of the plaintiff pressed as to the merits of the case by the against the assignees of the defendant. The judge before whom the cause is. Arnold v. clerk of record and writs will, in such cases, Arnold, 33 L. 0. 566.
give the usual certificate for setting down the 3. Delay. — An order to amend obtained cause, without any answer from the bankrupt after a notice of a motion to dismiss, in a case being on the file. Robertson v. Southgate, 5 where there had been great delay in getting in Hare, 223. the answer of one of the defendants, discharged
CHARITY. as an attempt to evade the orders of the court though within the strict letter. Foreman v. Form of suit to take accounts and settle a Gray, 33 L. 0. 586.
scheme.-- The proper form of suit to administer 4. Order of course. — An order to amend the funds of a charity is the information of the which the plaintiff is entitled to obtain as of Attorney-General, but the trustees may file a course, is considered as an order of course, bill against the Attorney-General to have the thougb made on a special motion; and a se.
accounts of the charity taken, and to be percond order to amend obtained as of course sonally discharged from liability in respect after the making of such an order is irregular. thereof, submitting to such account as the At
The Master of the Rolls will not order torney-General would be entitled to ask against amendments made under an irregular order to them in an information; and in the same suit, amend, to be taken off the file, if the cause is if the Attorney-General desires it, the court not at the Rolls. Edge v. Duke, 34 L. 0. 11. will direct a reference for a scheme. The Go
5. Delay.-Costs. ---One order to amend may vernors of Christ's Hospital v. The Attorneybe obtained as of course, so long as the
General, 5 Hare, 257, of any defendant to the bill remains outstand
creditor's suit. ing, notwithstanding the service of a notice to dismiss, and great delay in getting in the an
1. Supplemental bill. -After decree in a creswer of that defendant. Therefore, a motion ditor's suit, the plaintiff died, leaving no perto discharge such an order for irregularity was sonal representative. The decree was ordered to refused, but without costs. Freeman v. Gray, be prosecuted, on the petition of another credi33 L. 0. 452.
tor, without a bill of revivor. Brown v. Lake,
2 Coll. 620. ANSWER.
2. Proof of debt.-In order to found a decree 1. Plea.- Purchase for valuable considera- in a creditor's suit affecting real estate it is tion.—Bill of exchange.--If a bill, after stating essential that the plaintiff's debt should be the circumstances on which the plaintiff's equity proved by interrogatories before the examiner. is founded, charges that the defendant, before his Vernon v. Rudd, 33 L. O. 405, title to the subject in dispute accrued, had notice of the several circumstances therein stated, an answer denying that charge in the same general 1. Security for costs.- Plaintiff out of juristerms is sufficient, notwithstanding it is filed to diction.—The plaintiff in a cross suit, (impeachsupport a plea of purchase for valuable con- ing an instrument which the original suit seeks sideration. Gordon v. Shaw, 14 Sim. 393. to enforce, although residing out of the juris,
2. Delay. — Order 43 of May, 1845.—The diction, is not bound as against the plaintiff in order 43 of May, 1845, which directs that com- the original suit, to give security for costs. missioners to take answers are to be made re-Vincent v. Hunter, 5 Hare, 320. turnable without delay, does not preclude the 2. Reference to the Master, under the 122nd answer from being filed, although delay may Order of May, 1845, to distinguish the parts of in fact have occurred. Hughes v. Williams, 5 a cross bill which were of unnecessary length, Hare, 211.
and to ascertain the costs thereby occasioned. 3. Correction of.—Mode of altering and cor- Woods v. Woods, 5 Hare, 229. recting the title of an answer, which purports to be the answer of several defendants, where such answer has been sworn by some of such
1. Specific performance. - Railway scrip cera defendants, but the others refuse to join in it. tificates.-Demurrer to a bill against the proThatcher v. Lambert, 5 Hare, 228.
visional committee of a projected railway com. And see Trustees ; Bankrupt.
pany for the specific performance of an agree
ment to deliver to the plaintiff a certain number BANKRUPT.
of scrip certificates, allowed; there being no Assignees. — Supplemental bill.—Answer. allegation in the bill that the defendants had in When a defendant becomes bankrupt before he their possession any scrip to deliver, but statehas answered the bill, and a supplemental bill ments from which the contrary might rather be is filed by the plaintiff against the assignees of inferred. the bankrupt defendant, stating the bankruptcy, Quære, whether such an agreement is a sub
Analytical Digest of Cases : Courts of Equity. ject for specific performance. Columbine v. that by the judgment of the coroner the defendChichester, 2 Phill. 27.
ant is outlawed, is not until entered on the roll, · 2. Title to shares in mines.- Reference. - To a sufficient record of the outlawry. a vendor's bill for specific performance of a An information founded on the defendant's contract to purchase shares in mines, insisting outlawry stated, that the defendant did not that the plaintiff was not bound to give other appear on the last proclamation, whereby he evidence of his title to the shares than attested “became and was outlawed, and that the sheriff extracts from the cost-book or registers of the so returned the exigent accordingly,” and that mines, and that the defendant had refused to the judgment was entered and registered. The accept such evidence, but not alleging that the defendant pleaded nul tiel record in this form: plaintiff was unable to give other evidence of --thal no judgment of outlawry had been enhis title, the defendant demurred. Held, that tered or registered, and that there was no as the plaintiff was not precluded from giving record of the outlawry, leaving uncovered the other evidence of his title, if necessary, the de- allegation of the return of the writ certifying murrer must be overruled. Curling v. Flight, the judgment of outlawry. Held, that the plea 5 Hare, 244.
was good in form. Attorney-General v. And see Amended Bill; Parties, 1,6; Pric Rickards, 8 Beav. 380. vileged communication.
1. Demurrer.-On a demurrer to a bill seeks 1. When, after notice to dismiss, the plaintiff ing payment of a legacy out of assets come to files a replication before the hearing of the the hands of the defendant, who was the husmotion, the only order made is, that the plain- band of the sole executrix, deceased: Held, tiff do pay the costs of the motion; and the that an allegation that all the testator's debts practice is not altered by the General Orders of and the other legacies bequeathed by his will 1845. Corry v. Curlewis, 8 Beav. 606. had been paid, and there were assets ultra in
2. Before the hearing. - Costs. — Order, on the hands of the defendant to satisfy the plainthe application of the plaintiff, to dismiss his tiff's demand, was not sufficient to dispense bill
, with costs, against disclaiming defendants, with the presence of a personal representative without prejudice to any question how the costs of the testator : the allegation being one which, should ultimately be borne. Baily v. Lambert, even if admitted by the defendant, the court 5 Hare, 178.
would not take his word for. 3. Replication. -- Costs.— Notice of motion The absence of a necessary party to any part by one of two defendants to dismiss the bill for of the relief prayed by a bill, though the prayer want of prosecution. The plaintiff thereupon be in the alternative, is a good objection on filed a replication to the answer of that defend- demurrer. ant. The other defendant had not appeared.
An allegation that the defendant, being the On the motion being made, the plaintiff under- person entitled to take out representation to a took to dismiss the bill against the other de deceased party, refuses to apply for it, and im. fendant, whereupon the court refused the pedes the plaintiff in procuring a grant of it to motion, but ordered the costs to be paid by the any other person, is not a sufficient answer to plaintiff. Heanley v. Abraham, 5 Hare, 214. a demurrer founded on the absence of such reAnd see Abatement.
presentative; but secus if the bill alleges that
the grant of representation is actually in litigaLIMITATIONS, STATUTE OF.
tion in the ecclesiastical court. Penny v. Watts, Plea of the Statute of Limitations to a bill of 2 Phill. 149. discovery in aid of an action of ejectment. 2. Principal and agent.-Misjoinder.-Bill, Scott v. Broadwood, 2 Coll. 447.
for an account, by a principal against his agent And see Mortgage.
and a person employed by the latter as his sub
agent, dis nissed as against both, notwithstandSee Parties, 2.
ing the sub-agent had had the entire management of the principal's affairs, and had com
municated with him directly on the subject of Redemption.-Statute of Limitations.—A bill them. Lockwood v. Abdy, 14 Sim. 437. to redeem a mortgage made 25 years before,
3. Power of sale.-Right of administratriz to stated that the mortgagee entered into posses. mortgage. — An equitable mortgagee having sion of the estate shortly after the date and taken from the administratrix of the mortgagor execution of the mortgage deed, and had been a legal mortgage, containing a power of sale, in possession ever since.
and having filed his bill to enforce specific perHeld, that the court could not intend formance of a contract for sale under the from that statement that the mortgagee entered power, the court declined to entertain the sait, within the first five years after the date of the in the absence of the administratrix and the deed. Baker v. Wetton, 14 Sim. 426. parties beneficially interested under the mort. And see Parties, 3.
gagor. Sanders v. Richards, 2 Coll. 568.
4. Bill of exchange.—The acceptor of a bill OUTLAWRY.
of exchange, who had by the hands of the Nul tiel record.— Exigent.--Entry on record. drawer as his agent paid the amount of the bill -The sheriff's return upon the writ of exigent after it became due to an indorsee for value,